When a person passes away without a valid will, it is referred to as dying “intestate.” In such cases, the statutory laws of Mississippi will determine how the estate is distributed and who is in charge of administering the estate.

Typically, when someone dies intestate, the court appoints an administrator to handle the estate. The administrator is usually a family member, or another interested party who petitions the court to be appointed as the administrator. The specific order of priority for appointing an administrator is usually followed.

Commonly, the surviving spouse is given priority to serve as the administrator of the estate. If there is no surviving spouse or the surviving spouse is unable or unwilling to act as the administrator, the responsibility may pass to other family members such as adult children, parents, or siblings.